(4) an amount up to $1,400 in a separate bank account established by an individual while currently in receipt of public assistance for the sole purpose of paying tuition at a [two year] two-year or four-year accredited post-secondary educational institution, so long as the funds are not used for any other purpose. Funds withdrawn for reasons other than paying tuition at a [two year] two-year or four-year accredited post-secondary educational institution will result in the full amount of funds in the account prior to the withdrawal being countable toward the public assistance household's resource limit beginning on the first day of the month of the withdrawal;

1. Statutory Authority:

Social Services Law (SSL) § 20(3)(d) authorizes the Office of Temporary and Disability Assistance (OTDA) to promulgate regulations to carry out its powers and duties. SSL § 34(3)(f) requires the Commissioner of OTDA to establish regulations for the administration of public assistance and care within the State. SSL § 131(1) requires social services districts (SSDs), insofar as funds are available, to provide adequately for those unable to maintain themselves, in accordance with the provisions of the SSL. Section 5 of Part J of Chapter 58 of the Laws of 2014 amended SSL § 131-n by expanding the existing resources exemption of up to $1,400 for funds in a separate bank account established by a recipient of public assistance (PA) for the sole purpose of paying tuition at two-year or four-year accredited post-secondary educational institutions, so long as the funds are not used for any other purpose. Chapter 58 of the Laws of 2014 became effective on March 31, 2014.

2. Legislative Objectives:

It is the intent of the Legislature in enacting the above statutes that OTDA establish rules, regulations, and policies so that adequate provision is made for those persons unable to provide for themselves, so that, whenever possible, such persons can be restored to conditions of self-support and self-care.

3. Needs and Benefits:

The proposed regulatory amendment of 18 NYCRR § 352.23(b)(4) implements the revision of SSL § 131-n provided in § 5 of Part J of Chapter 58 of the Laws of 2014, wherein PA recipients are allowed to exempt up to $1,400 in a separate bank account for the sole purpose of paying tuition at two-year or four-year accredited post-secondary educational institutions. Under the current exemption, PA recipients are allowed to exempt up to $1,400 in a separate bank account for the sole purpose of paying tuition at a two-year accredited post-secondary educational institution. By allowing PA recipients to utilize the exempt resources amount for either a two-year or four-year accredited educational institution, the proposed regulatory amendment would offer PA recipients enhanced educational options to advance their workforce readiness and financial earning capabilities through the pursuit of higher education.

4. Costs:

There would be no new cost associated with this change, insofar as the proposed regulatory amendment would reflect current statutory requirements which have already been implemented by the SSDs and OTDA.

5. Local Government Mandates:

The proposed regulatory amendment would expand the existing resources exemption, and would not require any new resources, procedures, or expertise to support the change.

6. Paperwork:

There would be no additional reporting requirements or additional paperwork required to support the proposed regulatory amendment.

7. Duplication:

The proposed regulatory amendment would not duplicate, overlap or conflict with any existing State or federal regulations.

8. Alternatives:

The alternative is to leave the current 18 NYCRR § 352.23(b)(4) intact. However, under this alternative, the existing State regulation would remain inconsistent with § 5 of Part J of Chapter 58 of the Laws of 2014. Enactment of the proposed regulatory amendment would render the existing State regulation consistent with § 5 of Part J of Chapter 58 of the Laws of 2014.

9. Federal Standards:

The proposed regulatory amendment would not conflict with federal standards for use of resources.

10. Compliance Schedule:

There is no need to establish a compliance schedule because the proposed regulatory amendment would reflect current statutory requirements set forth in § 5 of Part J of Chapter 58 of the Laws of 2014, which have already been implemented by the SSDs and OTDA.

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required because the proposed regulatory amendment will neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon small businesses or local governments. As it was evident from the proposed regulatory amendment that it would not have an adverse impact or impose reporting, recordkeeping, or other compliance requirements, no further measures were needed to ascertain those facts and, consequently, none were taken.

A Rural Area Flexibility Analysis is not required because the proposed regulatory amendment would neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon public or private entities in rural areas. As it was evident from the proposed regulatory amendment that it would not have an adverse impact or impose reporting, recordkeeping, or other compliance requirements, no further measures were needed to ascertain those facts and, consequently, none were taken.

A Job Impact Statement is not required for the proposed regulatory amendment. It is apparent from the nature and the purpose of the proposed regulatory amendment that it would not have a substantial adverse impact on jobs and employment opportunities in the private sector, in the social services districts (SSDs) or in the State. The proposed regulatory amendment would not substantively affect the jobs of the employees of the SSDs or the State. The purpose of the proposed regulatory amendment is to revise the current public assistance (PA) resources exemption afforded under 18 NYCRR § 352.23(b)(4) to allow PA recipients to exempt up to $1,400 in separate bank accounts for the sole purpose of paying tuition at two-year or four-year accredited post-secondary educational institutions, thereby rendering the existing State regulation consistent with § 5 of Part J of Chapter 58 of the Laws of 2014.

Thus, the proposed regulatory amendment would not have any adverse impact on jobs and employment opportunities in New York State.